Director of Public Prosecutions (Cth) v Mitchell
[2025] VCC 1662
•12 November 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-02206
| COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RODNEY MITCHELL |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 6 October 2025 | |
DATE OF SENTENCE: | 12 November 2025 | |
CASE MAY BE CITED AS: | DPP (Cth) v Mitchell | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1662 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Possess or control child abuse material obtained or accessed using a carriage service – Prior criminal history – Reasonable prospects of rehabilitation – Recognisance release order.
Legislation Cited: Criminal Code (Cth) s 474.22A(1); Crimes Act 1914 ss 3E, 16A(1), 16A(2), 16BA, 17A, 20(1)(b; Sex Offenders Registration Act 2004; Sentencing Act 1991 s 6AAA.
Cases Cited:Crowder v The King [2024] VSCA 211; R v Bredal [2024] NSWCCA 75.
Sentence: Imprisonment for a period of 8 months, to be released forthwith and upon giving recognisance in the amount of $2,000 to be of good behaviour for a period of 2 years, with special conditions.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms A Pham-Nguyen | Commonwealth Director of Public Prosecutions |
| For the Accused | Ms J McGarvie | SPA Lawyers |
HIS HONOUR:
1Rodney Mitchell, you have pleaded guilty to one charge of possess or control child abuse material obtained or accessed using a carriage service, contrary to sub-section 474.22A(1) of the Criminal Code (Cth) (Criminal Code) which carries a maximum penalty of 15 years imprisonment.
2You also have admitted guilt in relation to an offence of using a carriage service to solicit child abuse material, contrary to s 474.22(1) of the Criminal Code which is to be taken into account pursuant to s 16BA of the Crimes Act 1914 (Cth) (Crimes Act).
3You have also admitted your Criminal Record.
Circumstances of the offending
4A prosecution opening was tendered on the plea and may be summarised as follows:
5You are currently 59. You were aged 57 at the time of the offending.
6Between June 2023 and May 2024, you came to the attention of Victoria Police as a result of reports relating to online communications with others.
7On 18 June 2024, police executed a s 3E Crimes Act search warrant at your residence in Fitzroy North, Victoria. You were present with your son and your son’s partner.
8During the execution of the search warrant, police seized the following items:
(a) a HP laptop computer;
(b) a Samsung mobile phone; and
(c) a Toshiba laptop computer.
9You provided police with the passcodes to access each of the seized devices.
10Police performed a manual review of the Samsung mobile phone, during which online communications via the ‘Discord’ messaging application between you and a user name ‘zar4’ were identified. The conversation involved a reference to the recipient having a 12 year old sister and you requesting a sexualised image of that child.
11During the execution of the search warrant, you became emotional and stated to police that you had been ‘talking to girls online’ and admitted police would find images of girls as young as 13 years on your devices.
12You were cautioned and participated in a record of interview, captured on a Body Worn Camera where you stated that you use these applications pretty much every day and you did so to engage in sexual conversation with random girls. You said you did it for sexual gratification and admitted that the girls you spoke to were 15 or 16.
13You were arrested and conveyed to the Brunswick Police Station where you were charged and granted bail.
Examination of seized devices
14Police performed forensic extractions and analysis of the HP laptop, Samsung phone and Toshiba laptop.
15The images and videos stored on those devices were uploaded to the Griffeye program for review and categorisation according to the Interpol Baseline Categorisation system.
16Across the three devices, a total of 24 child abuse material files were identified. A breakdown of the files across the three devices and descriptions of the representative materials are detailed in paragraph 14 of the Prosecution Opening.
17You have admitted to other offending that is to be taken into account by the court arising from your communications on the ‘Discord’ platform with recipient ‘zar4’ on 9 June 2024. You used the username ‘mitch_699’ during the conversation.
18You and ‘zar4’ engaged in a sexualised conversation before ‘zar4’ directed the discussion towards her purported 12 year old sister. The relevant exchange is documented in the prosecution opening at paragraph 16. The prosecution case is that your request ‘can I see her pussy please’ was a request to receive child abuse material depicting a 12 year old female child’s vagina.
19In September 2024, police became aware of you having used another device to access the internet in breach of your bail conditions. That device was surrendered to police by your son. Analysis of the device was undertaken and no further offending was identified.
Nature and gravity of the offending
20The child abuse material you possessed amounted to 24 files across three of your devices. As you admitted at the time of your arrest, you possessed the material for your own sexual gratification. You did not share the material.
21While the number of files is comparatively low for offences of this nature, the assessment of the gravity of your offending necessarily involves an assessment of the type of material possessed and the degree of depravity, rather than just an assessment of the volume of material. The material in this instance depicted pre-pubescent and pubescent female genitalia and breasts, in some instances in sexual poses. It is accepted by the prosecution that the material does not depict a child being abused by an adult or another child.
22It was submitted on your behalf that when taking into account the relevant matters in assessing the gravity of this type of offending, your offending falls at the low end of the range of seriousness. In short, reliance was placed on: the small number of files possessed compared with other case where the images go into the thousands or hundreds of thousands; that the material was not sold or distributed, that you did not profit from the offending; and that the offending occurred over a short period – the charged offence and the s 16BA conduct occurring on single days.
23In the circumstances the prosecution also submitted that your offending is a low level example.
24I accept that this is a low level example of offences of this nature however the charge to which you have pleaded guilty and the s 16BA offence remain inherently serious offences as reflected in the maximum penalty imposed being 15 years imprisonment in each case. As noted recently in Crowder (a pseudonym) v The King:[1]
The degrading acts to which children, in such material, are subjected, robs them of their innocence, destroys their childhood, and inevitably inflicts irreparable and life-long severe harm to them.
[1] [2024] VSCA 211, [67].
Personal circumstances
25You are currently 59 and were born in Victoria. Your mother and father raised you in Footscray. You have one older brother who resides in Morwell. You report you have a close relationship with him.
26You describe your father as a functioning alcoholic who worked as a security guard. Your mother was employed as a tea lady and you describe that she ‘kept the family together’. Your mother died of cancer when you were 17. You report you were your mother’s main caregiver.
27Following your mother’s death, your father moved out and left the family home relocating to New Zealand to pursue a new relationship.
28You have disclosed you were sexually abused at age of 10 at the hand of a family friend. You had not disclosed this incident until this offending.
29You lived with friends before moving to live with your partner for ten years. You have one son together, aged 31. You met your next partner in Alcoholic Anonymous however she died whilst you were on remand for other matters. You met your third partner in the Choir of Hard Knocks. The relationship continued for four to five years however ended due to your heroin use. You state you have placed an Intervention Order on your son following a violent altercation.
30You attended various schools in Footscray up until year 10. You state you were a ‘bit slow’ but you can read and write. You have worked in labouring and cleaning roles. You are currently receiving the Disability Support Pension.
31You report that you used alcohol in the family home, using cannabis from the age of 15. You commenced using amphetamines following your mother’s death and report using heroin on and off for twenty years.
32You have received treatment at the Melbourne Alcohol Recovery Centre and RecoverOz and have attended various rehabilitation services including at Quinn House and The Basin. You currently attend Alcoholics Anonymous daily and Narcotics Anonymous weekly. You report you are currently on the methadone program.
33A psychological report of Dr Aaron Cunningham dated 28 August 2025 was tendered on the plea. Dr Cunningham opines that your childhood disadvantage and trauma has increased the risk of antisocial behaviours. He notes that your abuse of cannabis and amphetamines is a form of emotional regulation and that your abuse has caused significant instability in your life.
34Dr Cunningham observes that your own sexual abuse likely led to your distorted ideas about sexual behaviour and appropriate boundaries and that this unresolved trauma is likely a contributing factor to this offending. Importantly, Dr Cunningham notes that this unresolved trauma in combination with your drug and alcohol abuse would have further caused disinhibition. He further notes you would benefit from a neuropsychological assessment to determine the presence of a drug and alcohol related brain injury.
35You are currently prescribed Effexor and Diazepam (Valium) and report you have difficulty sleeping without Valium. A letter from your GP Dr Masood Avval dated 6 May 2025 was tendered on the plea and outlines your engagement and commitment to managing your mental health. Dr Avval notes you have maintained stability and show personal accountability in your treatment journey and that despite your chronic condition you have improved over time with the appropriate medical management.
36A letter of support from Caraniche was tendered on the plea detailing your engagement with alcohol and drug counselling since September 2024. Despite your sporadic attendance you re referred yourself in February 2025. Your engagement with Caraniche and your attendance at Narcotics Anonymous show you have some motivation to engage with group treatment and rehabilitative programs.
37You come before the court with limited prior criminal history. You have engaged in some rehabilitative programs however it is clear that you would benefit from continuing psychological intervention. You do not have many community or family supports and you require ongoing trauma and offence specific treatment to improve your rehabilitation prospects.
Sentencing considerations
38As the charge to which you have pleaded guilty is a Commonwealth charge, I am required to sentence you in accordance with Part 1B of the Crimes Act. Pursuant to s 16A(1) of the Crimes Act, the overarching principle is that any sentence I impose must be of ‘a severity appropriate in all the circumstances of the offence’. As part of that process, I must take into account the non-exhaustive list of matters pursuant to s 16A(2) of the Crimes Act that are relevant and known to the court.
39I first take into account your plea of guilty which was entered at the earliest opportunity, at the committal mention stage. I note also that you were cooperative with police and provided access to your electronic devices upon arrest. Your plea has saved the court considerable time and expense and has thereby advanced the course of justice.
40In terms of your prospects of rehabilitation, as noted by Dr Cunningham, you have developed insight into the wrongfulness of your behaviour and you are motivated to engage with further rehabilitative programs. While you have limited supports in the community, you do have stable accommodation which Dr Cunninham states is a significant factor in improving your prospects of rehabilitation. In my view in the circumstances if you continue to engage in treatment, your prospects of rehabilitation can be assessed as reasonable.
41General deterrence remains the predominant sentencing consideration in cases of this nature. While I have assessed your offending as low level in the range of seriousness, it nonetheless is very serious offending and in most instances a term of imprisonment to serve is called for. As the Court stated in Crowder v The King:[2]
In recent times, offending involving child pornography has proliferated, and is difficult to detect in view of the anonymity that is provided by the Internet. Its increasingly pervasive and toxic influence informs the inherent gravity of the offending and the importance of the role of sentencing in addressing the grave harm occasioned by it.
It is for those reasons that the purpose of general deterrence is accorded primacy in sentencing offending involving child pornography. In essence, it is necessary that the sentences imposed by the courts are such that those persons, who might contemplate being involved in the depraved and pernicious reception of child pornography, well understand that if their offending is detected, they will lose their right to be at liberty within society for a substantial period of time. It is only in that way that the courts can perform the vital function of providing protection to vulnerable children.
[2] Ibid, [43]-[44].
42Ms Pham-Nguyen who appeared on behalf of the Commonwealth Director of Public Prosecutions submitted that a term of imprisonment is the only appropriate disposition, however also submitted that the sentence imposed may permit release on a recognisance release order either immediately or after serving a period of immediate custody.
43Ms McGarvie who appeared on your behalf submitted that a community correction order that allows for ongoing treatment is able to meet the relevant sentencing considerations in this instance. In the alternative, it was submitted that any term of imprisonment imposed could be structured to allow for immediate release pursuant to a recognisance release order – provided exceptional circumstances can be established.
44Pursuant to s 17A of the Crimes Act, in my view, having considered other available sentences such as a community correction order, I am satisfied that a term of imprisonment is the only appropriate sentence. The question is then whether the presumption pursuant to s 20(1)(b)(ii), that there must be an actual portion of imprisonment to serve, is able to be displaced because of the existence of exceptional circumstances.
45Ms McGarvie submitted that exceptional circumstances can be established when consideration is given to the following factors: that the offending falls within the lower range; your cooperation with the authorities; your early plea of guilty; your lack of relevant prior criminal history; and the steps you have taken toward your rehabilitation.
46In R v Bredal[3] the Court analysed s 20(1)(b) and the expression ‘exceptional circumstances’. Like other cases that have sought to define the term, the Court stated that ‘a combination of factors, each not in itself exceptional, may in combination demonstrate that the circumstances of the case are exceptional’[4]. The Court went on to say:
While a finding in relation to exceptional circumstances is a step in the sentencing process (after determining the s 17A threshold has been crossed, and determining the length of the sentence), the instinctive synthesis remains engaged. Whether the threshold is reached is not considered in a vacuum, but rather having regard to all the circumstances of the case.[5]
[3] [2024] NSWCCA 75.
[4] Ibid, [61].
[5] Ibid, [63].
47Having taken into account the matters raised on your behalf including relevantly the low level nature of your offending, and having regard to all the circumstances, in my view exceptional circumstances are able to be established. As such the term of imprisonment I impose will not require you to serve an immediate period in custody but rather, you will be released with conditions, the most important of which will be the requirement that you engage in supervised treatment in the community.
48Finally, in forming the view I have in relation to the appropriate sentence, pursuant to s 16BA of the Crimes Act I have taken into account the additional offence you have admitted.
Sentence
49Mr Mitchell, would you please stand.
50Rodney Mitchell, on Charge 1, possess or control child abuse material obtained or accessed using a carriage service, you are convicted and sentenced to 8 months imprisonment.
51Pursuant to s 20(1)(b) of the Crimes Act, I direct that you be released immediately upon giving a recognisance in the amount of $2,000.
52Further, as a condition of the recognisance release order, you will be required to:
(a) be of good behaviour for a period of 2 years;
(b) be subject to the supervision of a probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) for a period of 2 years;
(c) attend, undertake and complete the Sex Offender’s Program within a period of 2 years;
(d) report to the Neighbourhood Justice Centre located at 241 Wellington Street Collingwood 3066 within two clear working days of the date of this order;
(e) notify an officer at the specified Community Corrections Centre of any change of address or employment within two clear working days after the change;
(f) notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change;
(g) not travel interstate or overseas without the written permission of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee); and
(h) obey all reasonable directions of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee.
53I am required to explain to you that if you breach the conditions of the order you may be brought back before the court to be dealt with for that breach, which could include being ordered to serve the prison component of the order, and you may forfeit the $2,000.
54The charge you have pleaded guilty to and the offence you have admitted are each Class 2 offences for the purposes of the Sex Offenders Registration Act 2004. As such you must comply with reporting conditions for a period of 15 years.
55Pursuant to s 6AAA of the Sentencing Act 1991, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 15 months imprisonment to be released after serving 8 months.
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